Opinion
January 25, 1999.
Appeal from the Supreme Court, Kings County (Garson, J.).
Ordered that the order is affirmed' insofar as appealed from, with costs.
Under the circumstances of this case, the Supreme Court properly granted summary judgment to the defendant Felix Insurance Planning Company ( see, Murphy v. Kuhn, 90 N.Y.2d 266).
Bracken, J.P., Ritter, Santucci and Altman, JJ., concur.